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E-mail This StoryA small Vietnamese church was granted a variance from the county after months of deliberation with the city.
District Judge Greg Brewer ruled that the Plano Vietnamese Baptist Church will be allowed to use the building located at 1616 G Ave. as a church, although the property does not meet the city’s lot regulation requiring a minimum site area of two acres for such use.
Plano’s Board of Adjustment denied the church’s request for a variance for lack of legal basis.
The church appealed the board’s decision to the district court as allowed by statute.
Hiram Sasser, director of litigation for Liberty Legal Institute, said Plano’s Board of Adjustments should have granted the church occupancy from the beginning.
“The city’s board of adjustments abused their discretion,” Sasser said. “The constitution of the United States overrides a little city ordinance. Church’s enjoy the free exercise of religion. Hopefully the board of adjustments now realizes churches have more rights.”
Selso Mata, Plano’s chief building inspector, said the board will look at any similar situation on case by case basis.
“I can’t say this will start a trend,” Mata said. “This is one case. Every case is different.”
The city passed an ordinance in the 1980s stating all churches located in a residential area must sit on two acres of land.
Selso Mata, Plano’s chief building inspector, said the ordinance’s intent was to give churches enough room to grow.
“Most churches have a built growth module,” Mata said. “It was forward thinking to allow growth and pursue property.”
Mata said he does not believe this situation will affect the city’s ordinance.
“Anyone has the right to appeal the board’s decision,” Mata said. “I don’t believe the ordinance is in jeopardy. I think it is part of the checks and balances for a city to have rules in place to govern any situation.”
Kelly Shackelford, chief counsel for Liberty Legal Institute, said the members of the church fled persecution under a Communist regime in Vietnam in the 1980s and 1990s.
Pastor Thomas Le started the church in 2003 and when it grew to 50 members, he began looking for a building of their own. The congregation purchased a foreclosed building located on the southeast corner of 17th Street and Avenue G.
“We came to America because it is the land of freedom,” Le said. “I don’t understand why they don’t want our church to be here. All we want is to worship God and serve this community.”
Shackelford said many members spent their life savings, cashing out 401K’s and taking out bank loans to make the $400,000 investment.
The congregation has been forced to keep their doors locked for months, until the county overturned the board’s decision.
Liberty Legal filed the lawsuit in the Collin County District Court in June.
The lawsuit specifically sought relief from deprivation of the church’s freedom of religion, freedom of speech, freedom of assembly, due process and equal protection of the laws by the city and its Board of Adjustments.
With the Judge’s ruling, the church can now apply for a Certificate of Occupancy.
“This worked out the best way possible,” Sasser said. “The church is very happy.”
Contact Stephanie Flemmons at sflemmons@acnpapers.com
